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03-E&F Zoning Change 2474 Clark Lane DRAFT F:ALICE\ORDWORK\CURRENT\10-9.06 Zoning Ords October 2, 2006 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTIPLE-FAMILY DWELLING DISTRICT NO.1 (MF-l) ON LOTS 1 AND 2, BLOCK 10, BROOKSIDE ADDITION, ON PROPERTY BELONGING TO RAY BRUMBACK, SO AS TO INCLUDE THEREIN TERRITORY FORMERL YDESIGNATED AS A ONE-F AMIL YDWELLING DISTRICT NO.2 (SF-2); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DWELLING DISTRICT NO. 1 (MF-l) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council ofthe City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. r.' Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a MULTIPLE-FAMILY DWELLING DISTRICT NO. I (MF-I) be, and the same is hereby, established on LOTS 1 AND 2, BLOCK 10, BROOKSIDE ADDITION, on property belonging to RA Y BRUMBACK, so as to include in such MUL TIPLE-F AMIL Y DWELLING DISTRICT NO. 1 (MF-l) the hereinafter described property, which was formerly and is presently designated as a ONE-FAMIL YDWELLING DISTRICT NO. 2 (SF-2), and thatthe boundaries of said MULTIPLE- FAMIL Y DWELLING DISTRICT NO. I (MF-I) be, and the same are hereby, established as follows: SITUATED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of the George W. Cox Survey, being Lots 1 and 2 of the Brookside Addition according to plat of such Addition of record in Envelope 15- C, Lamar County Plat Records, being more particularly described as follows: BEGINNING at an iron rod in the South Boundary Line of Clark Lane at the NW comer of Lot 2 above mentioned; THENCE East a distance of 50.0 feet to an iron rod in the South Boundary Line of Clark Lane, at the Northeast comer of Lot 1; THENCE South a distance of 162.0 feet to an iron rod; THENCE North 82 Deg. 2 Min. West a distance of50.5 feet to an iron rod; THENCE North a distance of 155.0 feet to the place of beginning and being the same property described in deed to David Lynn Merritt and wife, Terri Ann Merritt, dated November 19, 1990, of record in Book 190, Page 43, Lamar County Real Property records, being 2474 Clark Lane. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective November 1, 2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 9th day of October, 2006. Richard Manning, Mayor ,...- AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS s COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared Rav Brumback who upon oath deposes and says: "I am Rav Brumback whose address is 2474 Clark Lane, Paris, TX 75460, and whose phone number is (903) 249 -5480 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lots 1 and 2, Block 10, Brookside Addition 2474 Clark Lane My interest in the above-described property is Owner , and I do request a change in zoning from One-Familv Dwelling District NO.2 (SF-2) to a Multiple-Familv Dwellino District (MF-1). "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? Yes t?~ lJh~P Sig ure of Applrcant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Rav Brumback on this 12th day of September, 2006. r'o THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) 00088G KNOW ALL MEN BY THESE PRESEN~: ~?:' ~: t~;"i ~." OJ C> -"I: q$. k~.(i?~I,"E:: I 0:' ~ i ." ..----. _ J '--..J -..: ' &!-.:< :.:::~) -<:, -- WARRANTY DEED (with Vendor's Lien) -\::J THAT WE, DAVID LYNN MERRITT and TERRI ANN MERRITT (herein called c: ~ _~ "';"1 :;; ~' ') i-~ . ':-) ':".) . j~ ..) , :_~~W J "grantors"), of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10,00) and more Dollars cash to u,s in hand paid by RAY A. BRUMBACK and wife, SERENA J. BRUMBACK (herein called "grantees"), receipt of which is hereby acknowledged; and Thirty-six thousand and no/IOO ($36,000.00) Dollars paid by LAMAR NATIONAL BANK, Paris, Texas, for the grantees herein at their special instance and request, which sum of $36,000.00 is evidenced by vendor's lien note executed by grantees, payable to LAMAR NATIONAL BANK as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of trust to Dick Severson, Trustee, for the benefit of the holder of said note, The vendor's lien herein retained is hereby transferred and assigned to LAMAR NATIONAL BANK, Paris, Texas, and it is subrogated to all the rights thereto as if it was the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto RAY A. BRUMBACK and wife, SERENA J. BRUMBACK (herein called "grantees"), of the County of Lamar, State of Texas, where their mailing address is 2474 Clark Lane, Paris, Texas 75460, all that certain tract or parcel of land in Lamar County, Texas described as follows: Lots One (1) and Two (2) ofthe BROOKSIDE ADDITION within the corporate limits of the City of Paris, a part of the GEORGE W. COX SURVEY, according to plat of such Addition of record in Envelope 15-C, Lamar County Plat Records; described by metes and bounds as follows: BEGINNING at an iron rod in the SB line of Clark Lane, at the NW corner of Lot Two (2) above mentioned; THENCE EAST 50.0 feet, an iron rod in the SB line of Clark Lane, at the NE comer of Lot One (1); -1- R P 1 2 8 4 PAGE 004 0 ~?J~ THENCE SOUTH 162.0 feet, an iron rod; THENCE NORTH 82 Deg. 2 Min. West 50.5 feet, an iron rod; THENCE NORTH 155.0 feet to the place of beginning, and being the same property described in deed to David Lynn Merritt and wife, Terri Ann Merritt, dated November 19, 1990, of record in Book 190, Page 43, Lamar County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto RAY A. BRUMBACK and wife, SERENA J. BRUMBACK, their heirs or assigns forever; and grantors hereby bind themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto RAY A. BRUMBACK and wife, SERENA J. BRUMBACK, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS our hands this 3rd day of February, 2003. ~~~ . DAVID L MERRITT ~ ~ flMmMJJ1 ERRI ANN MERRIlT -2- R P 12 8 4 PAGE 0 0 41 THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the 3/I.eJ day of February, 2003, by DA VID LYNN MERRITT and TERRI ANN MERRITT. D ~~ Lr0886 Notary Public, State of Texas AFTER RECORDING RETURN TO: Mr. & Mrs. Ray A. Brumback 2474 Clark Lane, Paris, Texas 75460 -3- RP 1284PA~0042 17 .."" 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